writings and physical evidence

Question 1

proving authentication

Answer 1

may be proved by any means that serve to establish authenticity (low burden)

Question 2

ancient documents authentication

Answer 2

automatically authenticated if:
1) 20+ years old
2) does not present any irregularities on its face and
3) found in a place of natural custody

Question 3

photo authentication

Answer 3

must have personal knowledge to authenticate

Question 4

voice authentication

Answer 4

whether heard firsthand or through a recording, a voice may be identified by anyone who heard the voice at any time

Question 5

non-unique item authentication

Answer 5

item facially indistinguishable from others of its kind (e.g., bag of white powder, generic syringe)

proponent must establish chain of custody, i.e., that the proffered evidence is the same item it is claimed to be

Question 6

best evidence rule

Answer 6

if evidence is offered to prove the contents of a writing, an original document must be used unless it is unavailable

Question 7

evidence sufficient to prove a writing’s contents

Answer 7

1) originals
2) duplicates (machine or carbon copy)
3) testimony regarding contents (admissible if original is lost/destroyed)

Question 8

voluminous documents exception

Answer 8

a voluminous series of documents may be summarized in court; originals relied upon must be available for inspection

Question 9

completeness doctrine

Answer 9

if a party introduces part of a writing or record into evidence, an adverse party may introduce evidence that should be fairly considered with it